Keeping Vl. Khandamiryan charged with murder in detention is arbitrary: the Court of Appeals to check whether the decision is well-grounded16:46, May 19, 2017 | News, Own news
HCA Vanadzor took on protection of the rights of V. Khandamiryan charged with murder of a 34-year-old resident of Alaverdi town on December 28, 2016.
By its ruling of April 25, 2017, the General Jurisdiction Court of Lori marz (region) extended by 2 more months the detention of V. Khandamiryan arrested on April 25, 2017 and detained later and rejected his defense counsel Arayik Zalyan’s /lawyer at HCA Vanadzor/ motion on replacing the preventive measure by bail.
By considering the first instance court’s ruling illegal and ill-grounded, defense counsel A. Zalyan filed an appeal. He highlighted that apart from the fact that the criminal case had to evidence to prove V. Khandamiryan’s involvement in the crime charged on him, it also had no grounds required for deciding to select detention as a preventive measure under the provisions of the RA Criminal Procedure Code. V. Khandamiryan did not escape investigation: first, he presented himself to the police voluntarily and then by summons of the police after which he was arrested.
When ruling on his detention, the court took no account of both his personal circumstances, the fact that he has dependent wife and 2 young children, and the family’s living conditions.
Moreover, the Court found that there was still a well-grounded suspicion of V. Khandamiryan’s involvement in the crime whereas the court did not examine some of the evidence it invoked to substantiate such suspicion and the defense party had no opportunity even to get the evidence and express its position on them. And some evidence were provided in part to the defense party but anyway they contain no circumstances in support of the suspicion. The court ruling took no notice at all of some facts.
The denial of the motion to replace detention with bail also lacks adequate support. This provides grounds to argue that the detention imposed on the accused is arbitrary and the court’s ruling contradicts both a number of national and international legal acts, and the RA Cassation Court’s precedent rulings.
By his appeal before the RA Court of Criminal Appeals, A. Zalyan demanded to release V. Khandamiryan from detention or replace it with a bail of 1.000.000 AMD. The court hearing is scheduled for May 25, 2017, at 11 am.